Antitrust Litigation & Investigations

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Today, in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the Supreme Court held that a state dental boar, created by the legislature, but comprised primarily of dentists elected by other dentists, did not qualify for immunity under the antitrust laws. This is the second time in two years that the Court has significantly limited the applicability of the state action exemption, under which states themselves are immune from the federal antitrust laws. Actions by private parties, including quasi-governmental entities, pursuant to a state regulatory regime may also be immune, but only under certain circumstances. Given the prevalence of state quasi-governmental bodies in regulating a broad range of industries such as energy, professional services, health care and transportation, these decisions will likely force states, and regulated industries, to reconsider their policy and legal strategies.

Cozen O’Connor’s antitrust litigators have been representing clients in competition-related matters for 30 years. Our team has experience responding to criminal and civil investigations and lawsuits initiated by the U.S. Department of Justice, Federal Trade Commission (the bureaus of competition and consumer protection), state attorneys general, foreign competition authorities, and private parties. We have successfully represented clients in numerous industrywide actions, including in multi-jurisdictional litigation involving domestic and foreign entities and treble-damage class actions by private plaintiffs. We defend clients in litigation over price fixing and other concerted actions, monopolization and other single-firm conduct, and transactions such as mergers and acquisitions. Our team of seasoned regulatory lawyers also advises companies on antitrust compliance and legal issues related to business strategy.

Quite apart from the ultimate resolution, antitrust inquiries themselves can be enormously invasive and threaten business operations. Subjects may spend thousands of hours combing through documents, responding to information requests, and conducting interviews, all of which can cut into productivity and give competitors an edge. Members of Cozen O’Connor’s antitrust team are keenly focused on seeking to limit the scope and duration of any inquiry. Our attorneys maintain strong professional relationships with government officials, which enables them to engage key decision makers in direct dialogue to seek to narrow investigations and minimize evidentiary demands. We also prioritize establishing productive rapport with opposing private counsel. We know that amity often leads to resolution faster than animus.

If a dispute becomes irretrievably adversarial, our antitrust practitioners are fully prepared to go to trial. Well known as a business litigation firm, Cozen O’Connor has the background and experience necessary to try the most complex antitrust cases. This commitment to hands-on trial practice is unusual in the current legal marketplace, even among prestigious peer firms. Not only do our antitrust lawyers have more collective trial experience than most comparable groups, several also have advanced training in economics, an essential component of every antitrust dispute. Our attorneys use their knowledge of micro- and macroeconomics, econometrics, and accounting to seek to develop winning legal strategies.

SERVICES

Antitrust Litigation

Defend clients in antitrust investigations and suits brought by the Federal Trade Commission, U.S. Department of Justice, state attorneys general, and foreign competition authorities

Represent clients in private treble-damage actions under the antitrust laws

Represent defendants and witnesses in criminal and civil antitrust proceedings

Respond to claims of price fixing and collusion, predatory pricing, and monopolization

CLIENTS

The firm represents corporations, trade organizations, and individuals in their most significant antitrust matters. Our attorneys work with clients in a diverse set of industries:

Energy transmission and electric generation companies

Heavy and light manufacturers

Private equity firms and hedge funds

Sports and entertainment ventures

High-tech and biotechnology companies

Pharmaceutical companies

Hospitals and health care providers

Health insurance companies

Defense contractors

Retailers

TEAM

Cozen O’Connor has a team of dedicated antitrust attorneys, some of whom have been practicing in the field for more than 30 years. The group includes a former trial attorney in the Antitrust Division of the U.S. Department of Justice’s Honors Program, as well as a former assistant U.S. attorney in the criminal division of the Eastern District of Pennsylvania. The practice group is ranked by Chambers and Partners, an independent legal publication, and Cozen O’Connor has become a destination firm for high-profile laterals from other top antitrust departments. Our antitrust lawyers often partner with the firm’s Washington D.C.-based Public Strategies Group when clients are involved in high-stakes antitrust disputes. These professional public affairs advisors craft sophisticated responses that can help protect brand and reputation.

Cozen O’Connor has built a national antitrust practice with a demonstrated capacity to handle major competition and trade regulation matters all over the country. With 23 offices spread across the United States, as well as Toronto and London, Cozen O’Connor is well-poised to diligently handle clients’ antitrust needs.